The Department of Education said Friday that it was moving to cut off all federal funds in Maine's public schools as the state ignored President Trump's executive order banning transgender athletes from women's sports teams.
The agency also said it had called on the Department of Justice to pursue “enforcement action” against Maine. Maine has been targeting ever since the president chose to fight state Democratic Gov. Janet Mills in February over transgender athletes.
The administration had set the deadline for Maine to follow on Friday. Last month, after a brief investigation, the state's education system declared it violated Title IX, a federal law that prevents sex discrimination.
Mills argues that state human rights laws that prohibit discrimination based on gender identity and religion, race and other protected characteristics can only be changed by Congress, not executive orders. She says it's an issue that's “debate” but she hasn't expressed her views on trans athletes who are publicly taking part in girls and women's sports.
The Education Department said in a statement that it will “start administrative proceedings to award the termination” of the state's K-12 funding.
“The department gave Maine every opportunity to comply with Title IX, but state leaders stubbornly refused to do so, opting instead to prioritize radical ideological agendas over student safety, privacy and dignity.”
In a letter to the Education Department on Friday, state Attorney General Sarah A. Forster said Maine did not agree to change the law and admitted that they both had reached a deadlock.
“Nothing about Title IX or its enforcement regulations prohibits schools from allowing transgender girls and women to participate in girls and women's sports teams,” she writes. “Your letters so far have not cited a single case held in that way. Conversely, various federal courts have found that Title IX and/or Equality Protection Clauses require that schools allow such participation.”
The Main Principals Association, which oversees Scholastic Athletics, says that out of the 151 public and private high schools that oversee the statewide, there are two trans girls currently competing on girls' teams.
Since February, the Trump administration has attacked the nation with a duplicate investigation into its education system. Last week, the Agriculture Department frozen funds that Maine said could threaten school lunch programs. In response, the state sued the department.
Shortly after the education division's announcement on Friday, a federal judge in Maine issued a state's favourable preliminary verdict, ordered USDA funds to be restored, and warned the Trump administration. “Federal defendants are prohibited from freezing, terminating or obstructing the state's future federal funds for alleged violations of Title IX without adhering to legally necessary procedures,” the ruling said.
On Friday, it was not immediately clear when or when administrative procedures relating to state education funding would meet the specifications of the court's order. The Justice Department is expected to sue the state to try to force its compliance.
The announcement highlighted some basic legal questions underlying Trump's recent recent move on K-12 education, including: Does the court support the administration's broad interpretation of civil rights law? And how long should the administrative agencies stop the flow of federal funds allocated by Congress?
Next week, the U.S. District Court in New Hampshire will hold a hearing on whether the administration can follow the threat to block Title I funding for schools with specific diversity, equity and comprehensive programs.
Democratic nations, teacher unions, and progressive interest groups like the ACLU have said they can't do that and have filed several federal lawsuits accordingly. Some education experts predict that the issue will reach the Supreme Court.
